The services of an attorney are usually required because many legal and procedural issues arise, even in the most basic estate administration. There are many laws and procedures that relate to the probating of estates, and the family should be able to rely totally on the attorney to see that all acts are performed in accordance with the law.
The attorney will represent the estate’s personal representative (executor), the person appointed by the court to be in charge of the administration of the estate. The executor has the responsibility of performing all acts necessary in the administration of the estate, which includes identifying and appraising the estate assets, filing an estate inventory, paying the claims filed against the estate, distributing the assets, preparing the estate tax return if necessary, and filing a final accounting. The attorney and the estate representative are paid for their services out of the estate assets. Those fees are set by Ohio Law and must be approved by the court.